Regulation of weight-loss medication: A losing battle with social media?

Background  

In recent years, the promotion of prescription-only medicine (“POM”) through online providers, particularly weight-loss medications, has become increasingly visible across social media platforms, often driven by celebrity and influencer endorsements. Not only is this promotion illegal, but it has raised safety concerns as such endorsements can give the impression that these medicines are universally accessible and safe for all. In relation to weight-loss drugs in particular, Health Secretary Wes Streeting has stated that “these are not cosmetic drugs that should be taken to help get a body beautiful picture for Instagram. These are serious medicines and should only be used responsibly and under medical supervision”. In many cases, influencers are often unaware that the product they are promoting is a POM, instead viewing it as an unregulated cosmetic treatment. Given the speed at which social media operates, as well as the reach of influencers, it is difficult for regulators to ensure legal compliance.

In response, regulatory bodies such as the General Pharmaceutical Council (“GPhC”) have taken steps to reinforce patient safety when prescribing and supplying POMs at a distance, for example through online platforms. As discussed in our previous article, the GPhC has issued updated guidance detailing a number of safeguards for high-risk medicines which include, in respect of weight-loss medications, the requirement for independent verification of a person’s weight, height and/or body mass index prior to prescribing. This has increased pressure on NHS GPs who are asked to supply such information by private providers, with the British Medical Association (“BMA”), recently providing a template letter for NHS GPs to use in response to such requests^[1].  In addition, this is an area which has been targeted by the Advertising Standards Authority (“ASA”) who have been using a tech-assisted approach since late 2024 to address the rise of non-compliant promotional content online in relation to weight-loss medication.

What does the law say?

The Human Medicines Regulations 2012 provide that no person may publish an advertisement that is likely to lead to the use of a POM. A similar rule also appears in the UK advertising code of practice (the “CAP Code”). The ASA broadly views any reference to POMs as promoting them, whether directly or indirectly. Therefore, naming POMs, even via comments on social media, constitutes a breach of the CAP Code. The exception is where a company that offers consultations provides information about POMs, however, even in this case, POMs can only be mentioned in the context of it potentially being offered as a treatment following the consultation.

Regulatory action

In late 2024, the ASA warned advertisers of weight-loss POMs that they must remove non-compliant content. The ASA confirmed that they had deployed an AI-based Active Ad Monitoring system (“AAMS”) to monitor weight-loss medicine advertisements “at pace and scale”, to be supported by follow-up enforcement work.  It has been reported that the system has identified around 1,800 unique paid-for weight-loss advertisements from December and January potentially advertising a POM. Around a quarter of those advertisements featured a named medication; some of which included a POM, which is in clear breach of advertising rules. Moreover, the ASA issued a joint Enforcement Notice with the Medicines and Healthcare products Regulatory Agency (“MHRA”) and the GPhC, stating that POMs cannot be advertised to the public, with an emphasis on weight-loss medicines. The notice mandated that these advertisements be removed immediately, and that non-compliance would result in investigations and sanctions.

Following the findings of the AAMS review, the Committee of Advertising Practice (“CAP”)’s Compliance Team have taken enforcement action against the advertisements which feature named weight-loss POMs, and in December 2024 and January 2025, CAP’s Compliance Team contacted 20 of these advertisers. Later in March 2025, as part of a follow-up, CAP’s Compliance Team reviewed around 600 advertisements identified as potentially advertising a POM by the 20 advertisers and found that a quarter of them were still using named POMs in their advertisements. Continued non-compliance can result in CAP’s Compliance Team taking further enforcement action, including referrals to regulatory partners.

On 9 July 2025, the ASA published rulings in respect of nine advertisers which “make crystal clear that all injectable forms of weight-loss medication are POMs and can’t be advertised, even where ads don’t explicitly name a medicine”^[2]. One of the rulings which was upheld is in respect of a Meta ad which featured a fictional conversation between friends regarding weight loss treatments, linking to a landing page where weight-loss medication is listed to order. The ruling explains that the ASA sought advice from the MHRA who were concerned about the proactive provision of a direct link offering medicinal treatments rather than focusing on medical conditions. Another ruling which was upheld concerned an Instagram post by a well-known TV personality promoting a weight loss service provided by a Swedish registered digital healthcare provider. The post referred to weight-loss medication which was prescribed on the NHS.

The increase in popularity of weight-loss medication, accompanied by social media promotion and celebrity endorsement has led to concerns that people may buy weight-loss medication without a prescription from unregulated sources which could pose serious health risks. The MHRA has warned the public against this and the MHRA’s Criminal Enforcement Unit has been working closely with social media platforms to identify and prevent the illegal sale of weight-loss POMs. Similarly, the MHRA has been conducting various investigations into POM advertisements, and in 2024, 150 social media posts “actively” selling weight-loss medication were taken down.

Looking Ahead

Regulation of weight-loss medication and prevention of illegal advertisements will continue to be a focus of regulatory bodies and the sector as a whole. These medications were made available through NHS GPs in June 2025, although it is not anticipated that this will have a significant impact on the demand for medication from private providers as the initial availability to patients is limited. The prescribing, sale and supply of weight-loss medication is likely to continue to pose a challenge for some time with the rise in popularity of these medications, coupled with the fast pace of social media and the associated risks to patients from the spread of misinformation or unregulated and unsafe suppliers of medication. We anticipate that with these issues firmly in the spotlight, regulators may adopt a firmer approach as time moves on, particularly with increased calls from professionals for stronger safeguards. We continue to monitor this area, and our team is available to assist with your regulatory queries.

Article co-authored by Areesha Qureshi, Solicitor Apprentice.
 

^[1] www.bma.org.uk/advice-and-support/gp-practices/gp-service-provision/focus-on-tirzepatide-mounjaro-for-weight-management-in-general-practice

^[2] How we’re trimming down problem ads for weight-loss prescription-only medicines - ASA | CAP